Pathologist: I made mistake in Novak case

Testifies victim died before fire

MONTICELLO — The former Sullivan County pathologist who deemed Catherine Novak's death accidental four years ago testified in Paul Novak's murder trial that he made a mistake and now believes she was dead before the fire broke out.

MONTICELLO — The former Sullivan County pathologist who deemed Catherine Novak's death accidental four years ago testified in Paul Novak's murder trial that he made a mistake and now believes she was dead before the fire broke out.

Dr. Wing Chau, who performed the first autopsy on Novak's badly-burned body, originally found that Novak died after piles of debris fell on her in the fire on Dec. 13, 2008.

"Simply put, Dr. Chau, did you make a mistake?" asked Steve Lungen, former Sullivan County district attorney and prosecution's special counsel.

"Yes I did, at that time."

Paul Novak is on trial in Sullivan County Court on charges of first-degree murder and other crimes, accused of strangling his estranged wife in the early morning hours and setting the house on fire to cover up the crime and collect insurance.

Chau, who testified for portions of Monday and all day on Tuesday, performed the autopsy within a day of the fire. He was stumped as to the cause of her death. Novak didn't have any soot in her lungs and larynx, and her blood coloring and vital organs were normal. Chau acknowledged that when he signed the death certificate, he was not absolutely sure of the cause of death.

Catherine Novak's body was found under about 2½ feet of debris. Chau said that he ordered testing from the National Medical Service, which found "very low" levels of carbon monoxide in her body.

Chau determined in 2008, and still believes, that Novak died of asphyxia. He initially theorized that when the debris fell on her chest and neck, it prevented her from breathing in the smoke. Authorities ordered a second autopsy from forensic pathologist Dr. Kunjlata Ashar. Ashar disagreed with Chau's findings, believing that Catherine died before the fire broke out.

Under questioning by Paul Novak's attorney, Gary Greenwald, Chau said he could find no tell-tale signs of strangulation.

Chau conceded that strangulation wasn't likely, as he could find no neck trauma or hemorrhaging. However, he also noted that Novak's body and head were badly burned and strangulation couldn't absolutely be ruled out. He said "the mechanism" of her death, whether by strangulation or any other cause, couldn't be determined.

Greenwald suggested that Chau had been coached by the District Attorney's Office into changing his opinion. Chau met with the DA's Office five times but refused to speak to Novak's defense team.

Chau said he was unaware of the detailed statements of Novak's former girlfriend Michelle LaFrance and confessed accomplice Scott Sherwood. Chau said he changed his position after new information came to his attention in late 2012.

He said he was troubled by how Catherine Novak was found in a basement doorway, lying spread-eagled with her arms behind her.

"Lying like that is not the usual way to find a person die in a fire," he said.

Chau also said he came to realize that even if debris had piled on top of her, Catherine could have taken shallow breaths and her carbon monoxide levels would have been much higher.